Legal Question in Family Law in Minnesota
wording of visitation
the line in my divorce decree says I (the petitioner) am entitled to a specific visitation schedule - three weekends per month - the next lines says i must notify the custodial parent of any changes to this schedule - what is the definition of entitled - does it mean that I must take the children for every date that I am entitled or is that my choice and I can set up every other weekend - the custodial parent seems to think that I must take the children - I feel that is my choice to exercise my visitation rights.
2 Answers from Attorneys
Re: wording of visitation
As a general rule, if there is a visitation schedule, you must exercise that schedule unless there is an agreement of the parties to change it.
Re: wording of visitation
Entitled means that you can choose to exercise your access to the children or not. If you choose to give up one of your weekends, however, you may establish a pattern which could result in your ex going back to Court and requesting that you not be entitled to get that third weekend back if you want it later.
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